Terms Of Service

 

 

 This Terms of Service Agreement (the "Agreement") is a legal and binding agreement by and between Hunt And Fish Guides, LLC (“HAFG”) and you (“Customer” or “you”).  Customer’s use of the HuntAndFishGuides.com website and/or any other sites now or hereafter owned or controlled by HAFG, and any other services provided by HAFG (such sites being referred to herein as the “Sites” and the services provided by HAFG being referred to herein as the "Services") will be subject to the terms of this Agreement.  This Agreement was last updated on 3/27/2011.

 

1. SERVICES.  Upon Customer’s entering of a request for guide referrals, HAFG will provide Customer a list of guide companies matched to the type of service and geographical area designated by Customer, who may be interested in fulfilling Customer’s service need. HAFG does not guarantee that it will be able to match Customer’s service request with a guide company or that there are guide companies in Customer’s designated geographical area that are either capable or willing to complete Customer’s service request. 

 

2. GUIDES.  HAFG provides Customer only with referrals to guides who have contracted to be listed on the Sites.  HAFG takes certain steps to examine the credentials of guides listed on the Sites (detailed in paragraph 7 hereof); however, HAFG makes no guarantees, warranties or representations regarding the skills, qualifications or credentials of any guide listed on the Sites or referred by HAFG.  HAFG does not endorse or recommend the services of any particular guide. Any services ultimately provided by a guide to Customer will be subject to the contract or agreement entered into between such guide and Customer and HAFG does not guarantee, warrant or make and representations regarding the performance or quality of services provided by a guide, or any price quoted by such guide, listed the Sites or referred by HAFG. Guides listed on the Sites or referred by HAFG are not employees or agents of HAFG, nor is HAFG an agent of any such guide. HAFG does not perform, and is not responsible for, any of the services requested by Customer in his or her service request. Should Customer have a dispute with any guide listed on the Sites or referred by HAFG, Customer must address such dispute with the guide directly.  

 

3. CUSTOMER INFORMATION.  Upon using the Services, Customer will be prompted to disclose certain information about himself or herself and Customer’s service requirements on the Sites. Some of this information will be sent to guides who will utilize this information to respond to Customer or to other persons or entities in connection with HAFG. By providing this information to HAFG, or by submitting a service quote request, Customer is requesting to be, and expressly consents to being, contacted by HAFG and by guides and providers via phone, email or other reasonable means, at any of Customer’s contact numbers or addresses, even if Customer is listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that HAFG may provide the Services set forth on the Sites, to service Customer’s request, to reasonably address matters pertaining to Customer’s service request or for other purposes reasonably related to Customer’s service request and our business, including marketing related emails if Customer agrees to receive such emails. For complete details on HAFG’s use of Customer information, please see HAFG’s privacy policy. Customer agrees that by completing a service request, Customer is entering into a business relationship with HAFG and its partners and thus agrees to be contacted by HAFG and/or its partners. HAFG requires all guides listed or referred by HAFG to keep certain customer information confidential; however, HAFG does not represent or warrant to Customer that any guide will comply with such obligation, comply with HAFG’s privacy policy, or keep any Customer information confidential. Customer covenants and represents that all information Customer provides is, and will be, accurate, current and truthful to the best of Customer’s knowledge. Customer is responsible for any use of the Sites or Services by persons to whom Customer intentionally or negligently allow access to his or her password.

 

4. USE OF SERVICES.  Customer acknowledges and agrees that Customer’s use of the Site and Services is for Customer’s personal use and not for any commercial or advertising purposes. Customer agrees that all of the content and information posted on the Sites, including but not limited to HAFG guide profiles and ratings & reviews (including any ratings and reviews or other content posted by Customer), is the sole and exclusive property of HAFG, and that Customer have no right to reproduce, post, publish, or otherwise use such information other than for Customer’s personal use relating to Customer’s service request. All information about guide provided on the Site or through Services is confidential. Customer will not misusing or attempting to misuse or circumvent the Sites or Services, or use or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming. 

 

5. REVOCATION OF CUSTOMER ACCESS; INJUNCTIVE RELIEF.  HAFG, in its sole discretion, reserves the right to revoke Customer’s access to the Sites and Services at any time for any reason, including, but not limited to, (i) Customer provides any information that is untrue, not current or incomplete, (ii) Customer misuses or attempts to misuse or circumvent the Site or Services, or uses or attempts to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or (iii) HAFG suspects Customer has violated any other provisions of this Agreement. 

 

6. LINKS TO THIRD PARTY SITES.  Links provided on the Sites may direct Customer away from the Sites. These linked sites are not under the control of HAFG and HAFG is not responsible for the content or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. HAFG is not responsible for webcasting or any other form of transmission received from any linked site. HAFG does not endorse any site linked on the Sites.  

 

7. GUIDE PRESCREENING PROCEDURES AND DISCLAIMERS.  HAFG uses the following criteria as part of its registration enrollment process ("registration") for new guides:

 

    • Guide License - HAFG confirms at the time of a guide’s registration, that a prospective new guide has minimum applicable required guide license for the area(s) they operate. In some states or provinces, guide licensing is not required; for those states or provinces, HAFG does not require guide license from Guide.

  

    • Insurance - Where relevant, HAFG requires certificates of insurance from guides confirming general liability insurance coverage at the time of their registration with HAFG. Company does not confirm general liability coverage for certain categories of guide companies where such coverage is deemed not applicable. 

  

NOTE: Guide information confirmed at the time of guide’s enrollment as described above may change, expire or be revoked/suspended over time; HAFG performs the above described screening solely at the time the guide applies for membership with HAFG.  HAFG does not guarantee, warrant or represent that any guide listed or referred by HAFG is certified for any type of guide service, free from civil or criminal charges, suits or judgments, carry appropriate general liability insurance or bonding, or in good standing in any particular state or jurisdiction.  HAFG advises Customer to check these matters prior to proceeding with any guide listed or referred by HAFG.

 

Guide Companies Profiles: HAFG allows guides to post profiles about themselves and their business on the Sites. HAFG does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, and is not responsible for their content. 

 

8. CUSTOMER RATINGS AND REVIEWS.  HAFG provides Customers with the ability to rate their experience working with a guide via Customer Ratings & Reviews which are publicly posted on the Sites. HAFG reserves the right, but not the obligation, to refuse to post or to remove any review if HAFG determines (in its sole discretion) that it contains or features any of the following: 

 

    • Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, hate speech (e.g., racist/discriminatory speech) or references to illegal activity.
    • Reviews that are submitted by a reviewer whose personal information does not match our records as someone who submitted a quote request.
    • Reviews that do not address the services of the guide company or reviews with no qualitative value (e.g., "guide has not happened yet ").
    • Language that violates the standards of good taste or the standards of the Sites.
    • Comments concerning a different guide company or any reviewers who are present or former employees of a guide company being reviewed.
    • Information not related to work requested in the service request.
    • Statements that are or appear to be false.
    • Comments that disparage HAFG

 

Customer hereby provides HAFG permission to contact the a guide about Customer’s service request. If a dispute arises between Customer and a guide, the rating submitted may be held in pending status until resolution is reached. 

 

Ratings and reviews are not endorsed by HAFG and do not reflect the views of HAFG; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders..  All ratings and reviews of a guide displayed to Customers reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HAFG. HAFG hereby disclaims any and all representations or warranties with regard to the ratings and reviews posted by customers on the Sites. HAFG does not assume responsibility or liability for any review, rating or comment or for any claims, damages, or losses resulting from any use of the Sites or the materials contained therein. 

 

9. INDEMNIFICATION.  CUSTOMER WILL FULLY PROTECT, INDEMNIFY, AND DEFEND HAFG AND ALL OF ITS AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, SUPPLIERS, PARTNERS, EMPLOYEES AND EACH OF THEIR SUCCESSORS AND ASSIGNS ("INDEMNIFIED PARTIES") AND HOLD EACH OF THEM HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIENS, DAMAGES, CAUSES OF ACTION, LIABILITIES OF ANY AND EVERY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, FRAUD, DEFAMATION, LIBEL, VIOLATION OF ANY STATE, PROVINCIAL OR FEDERAL LAWS OR REGULATIONS, PROPERTY DAMAGE, ATTORNEYS' FEES, EXPENSES AND COURT COSTS, ARISING IN ANY MANNER, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH OR IN THE COURSE OF OR INCIDENTAL TO ANY OF CUSTOMER’S USE OF THE SITES AND/OR SERVICES, DEALINGS WITH, OR CONTACTS WITH ANY GUIDES, REPRESENTATIONS, WARRANTIES, OR OBLIGATIONS (INCLUDING BUT NOT LIMITED TO CUSTOMER’S OBLIGATION TO PROVIDE ACCURATE INFORMATION) PROVIDED IN THIS AGREEMENT.

 

10. WAIVERS.  CUSTOMER HEREBY AGREES TO RELEASE HAFG (AND ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING HAFG’S BUSINESS PARTNERS SUCH AS WEBSITES THAT MAY DISPLAY COMPANY FORMS, LINKS, OR INFORMATION) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH CUSTOMER’S DEALINGS WITH GUIDES.

 

11. DISCLAIMERS.  HAFG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SITES, SERVICES, RATINGS AND REVIEWS, PRESCREENING PROCESS, OR CUSTOMER’S USE THEREOF, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NONINFRINGEMENT AND CUSTOMER AGREES THAT HAFG SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT, THE SITE OR SERVICES OR ANY CONSEQUENCES WHICH FLOW FROM IT. 

 

12. SOME STATES AND PROVINCES DO NOT ALLOW CERTAIN INDEMNIFICATIONS, DISCLAIMERS OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES.  IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.

 

13. UPDATES AND AMENDMENTS.  HAFG reserves the right, at its discretion, to change, modify, add, or remove portions of any of this Agreement at any time. Customer’s use of the Sites or Services after such change, modification, addition or removal will operate as Customer’s acceptance of such modified Agreement.

 

14. GENERAL PROVISIONS.  Customer acknowledge and agree that the Sites and Services are provided to Customer on an "AS IS" basis without any warranty whatsoever, and Customer’s sole and exclusive remedy, and HAFG's sole obligation to Customer or any third party for any claim arising out of Customer’s use of the Services or the Sites, is that Customer is free to discontinue Customer’s use of the Services or the Sites at any time. For the purposes of any consumer protection law, HAFG’s services under this Agreement constitute solely the dissemination of information and/or the reproduction of printed or pictorial matter. This Agreement will inure to the benefit of HAFG's successors, assigns and licensees. If any provision of this Agreement shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of HAFG to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement is governed by the laws of the State of Kansas as such laws are applied to agreements entered into and to be performed entirely in the State of Kansas and between Kansas residents. Customer agrees to submit to exclusive jurisdiction in Kansas and that any claim arising under this Agreement will be brought solely in a court in Sedgwick County, Kansas.

 

© Hunt And Fish Guides, LLC. All rights reserved.